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Madras High CourtCRL OP/22809/2019dismissed

Saraswathi @ Sarasa v. The State Represented By

2019-08-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.22809 of 2019 and Crl.M.P.No.11920 of 2019 Saraswathi @ Sarasa ... Petitioner Vs.

The State Repesented by Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

(Crime No.281 of 2019) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to Crime No.281 of 2019 on the file of Periyanaickenpalayam Police Station, Coimbatore and to quash the same and allow the above Criminal Original Petition.

For Petitioner : Mr.M.Vinoth For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records relating to Crime No.281 of 2019 on the file of Periyanaickenpalayam Police Station, Coimbatore and to quash the same and allow the above Criminal Original Petition. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

3.The contentions put forward by the learned counsel appearing on behalf of the petitioner are purely factual in nature and this Court cannot venture into conducting a mini investigation into the matter and it therefore does not fall within the ambit of its jurisdiction under Section 482 of Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police. https://hcservices.ecourts.gov.in/hcservices/

4.In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the respondent Police at this stage.

5.In the result, this Criminal Original Petition is dismissed and the respondent Police is directed to proceed further with the investigation in Crime No.281 of 2019 in accordance with law and complete the investigation and file a final report or a closure report, as the case may be, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

AKM/20.09.19/2P- 3C / Crl.O.P.No.22809 of 2019 and Crl.M.P.No.11920 of 2019 https://hcservices.ecourts.gov.in/hcservices/